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(영문) 대법원 1970. 5. 10. 선고 70다155 판결

[손해배상][집18(2)민,010]

Main Issues

It is difficult to conclude that there exists a causal relationship between the loss of a kind of coal and the result of the loss of a kind of coal that a police officer lost or fabricated, and the result of the death caused by explosion belongs to a special situation, and without examining and determining whether a person who was killed or lost the special situation was predicted or could have predicted the said special situation at the time of the loss.

Summary of Judgment

Inasmuch as the relationship between the fact that a police officer lost or fabricated a kind of coal and the result of the death caused by explosion falls under a special situation, it cannot be concluded that there exists a causal relationship between the loss of the kind of coal and the result of the death caused by the explosion, without examining and determining whether the aforementioned special circumstance was predicted or could have been predicted at the time of the loss.

[Reference Provisions]

Article 750 of the Civil Procedure Act, Article 763 of the Civil Procedure Act (Article 393)

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Korea

Judgment of the lower court

Cheongju District Court Decision 69Na63 delivered on December 10, 1969

Text

We reverse the original judgment.

The case shall be remanded to Cheongju District Court Panel Division.

Reasons

The grounds of appeal No. 1 by the defendant performer are examined.

According to the reasoning of the judgment, the court below found that the non-party 1 was missing on the ground that the non-party 1 was involved in the non-party 1's accident caused by the explosion of hydropath (the non-party 2's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 1's non-party 1's non-party 1's non-party 3's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 2's.

Therefore, by the assent of all participating judges, the original judgment is reversed, and the case is remanded to Cheongju District Court Panel Division. It is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court